How appointed. council of the crown. All formal acts of sovereignty, such as the issue of orders in council, or royal proclamations," must be performed through the instrumentality of this august body, and cabinet ministers themselves derive their authority and responsibility, in the eye of the law, from the circumstance that they have been sworn in as members of the Privy Council. As at present constituted, the Privy Council is an assembly of state advisers, unlimited in number, and appointed absolutely (without patent or grant) at the discretion of the sovereign, who may dismiss any individual member, or dissolve the whole council, at his pleasure. Several instances are recorded of the names of privy councillors being struck of the lists by the king's command, for conduct that had displeased the sovereign, the last of which occurred in 1805. The name of Charles James Fox was struck out of the Privy Council in 1798, upon the advice of Mr. Pitt, on account of an intemperate and seditious speech at a club dinner.d Upon the formation of his second administration, in 1804, Mr. Pitt urged the king to readmit Mr. Fox to the council board, that he might enter the cabinet, but his Majesty peremptorily refused. But in January 1806, after Pitt's death, the king yielded to the necessity of the case, and upon the advice of Lord Grenville, sanctioned the readmission of Mr. Fox into his councils. In the case of Lord Melville, on account of alleged malversations in office, and in anticipation of an address to the king from the House of Commons, that his name might be erased from the list of privy councillors, and that he be dismissed from the royal presence for ever.f His lordship was afterwards re-sworn of the council, having been acquitted of the charges preferred against him.8 No qualification is necessary in a privy councillor, except that he be a natural-born subject of Great Britain. с See ante, vol. 1, p. 459. Jesse, Life of Geo. III. v. 3, p. e Jesse, Geo. III. v. 3, pp. 361, 472. f Stanhope's Pitt, v. 4, pp. 283285, 294. Haydn, Book of Dig. p. 135; see Cobbett's motion against Sir R. Peel. This restriction was imposed by the Act 1 Geo. I. stat. 2, c. 4. In 1700 the House of Commons addressed King William III., to request that no foreigner, Prince George alone excepted, might be admitted to the Privy Council. But the king was determined not to receive this address, and immediately prorogued Parliament, without a speech from the throne.h Even this disability may be removed, by special Act of Parliament, as in the cases of Prince Leopold, afterwards king of the Belgians, and of his Royal Highness, the late Prince Consort.' It has never been the practice to impose upon the crown a statutory obligation to appoint anyone to the office of privy councillor.j "The practice in England has always been to admit to the Privy Council only those persons whose offices might occasionally bring them to transact business there, and the principal officers of the king's household, and persons having high rank in the corps diplomatique.' On rare occasions distinguished public servants of subordinate rank have been appointed thereto.k Formerly the duration of the Privy Council was only during the lifetime of the sovereign, but it is now continued for six months longer (by Stat. 6 Anne c. 7), unless dissolved by the new monarch. But, according to present usage, the privy councillors of the preceding reign are re-sworn upon the accession of a new sovereign. The Privy Council ordinarily consists of the members of whom of the royal family, the archbishops of Canterbury and composed. York, and the bishop of London, the great officers of state and of the household, including, as a matter of course, the president and vice-president of the respective committees of council for trade and for education, as well as all those who compose the cabinet, the lord chancellor and the judges of the courts of equity, the chief justices of the courts of common law, and some tion Privy Council Composi- of the puisne judges (to assist in the business of the Judicial Committee), the ecclesiastical and admiralty judges, and the judge advocate, the speaker of the House of Commons, the ambassadors and principal ministers plenipotentiary, the governors of some of the principal colonies, the commander-in-chief, the first lord of the admiralty, and occasionally a junior lord of the admiralty, and the third lord of the treasury. The lord advocate for Scotland, though styled, by usage, right honourable, is not a privy councillor, neither is the attorney or solicitor-general for England, because they are liable to be called upon to act as assessors before the Privy Council, or as counsel for the crown. The Irish attorney-general, however, is generally a member of the Privy Council for Ireland. A seat in the Privy Council is sometimes conferred as an honorary distinction on persons retiring from the public service, who have filled responsible situations under the crown.' It is not usual to confer this rank upon under-secretaries of state, but in 1864, Mr. Chichester Fortescue, being then under secretary for the colonies, was appointed a privy councillor, and in 1870, Mr. Hammond, the permanent under-secretary of the foreign office, and an official of forty-six years' service, was similarly distinguished." A privy councillor, although he be but a commoner, is styled right honourable' (which is the proper title of a lord') because he is a lord of her Majesty's Privy Council.' He has precedence over all knights, baronets, and younger sons of barons and viscounts. There is no salary or emolument attached to the office; and the acceptance, by a member of the House of Commons, of a seat in the Privy Council, does not void his election.P The oath of office, as it was anciently imposed upon 1 Murray's Handbook, pp. 104106; Dodd's Manual of Dignities, pp. 257-265, 336, 661. m See ante, vol. 1, p. 296. n Hans. D. v. 202, p. 395. • Notes and Queries, 5th ser. v. 5, p. 76. P Hans. D. v. 174, p. 1197. lors' oaths. every privy councillor, is recorded in Coke's Insti- Privy tutes,'' and is to the following effect:-1. To advise the councilking in all matters to the best of his wisdom and discretion. 2. To advise for the king's honour and advantage, and to the public good, without partiality and without fear. 3. To keep secret the king's counsel, and all transactions in the council itself. 4. To avoid corruption in regard to any matter or thing to be done in council. 5. To forward and help the execution of whatsoever shall be therein resolved. 6. To withstand all persons who shall attempt the contrary. 7. And generally to observe, keep, and do all that a good and true councillor ought to do unto his sovereign lord.— The oath of office now taken by a privy councillor is given in the Report of the Oaths Commission, together with the following declaration, which embodies the substance of the oath, and which it is recommended shall be substituted for it: You shall solemnly and sincerely declare that you will be a true and faithful servant unto her Majesty Queen Victoria, as one of her Majesty's Privy Council. You shall keep secret all matters committed and revealed unto you, or that shall be secretly treated of in council, and generally in all things you shall do as a faithful and true servant ought to do to her Majesty.' Privy councillors must also take the oath of allegiance, as prescribed by the Promissory Oaths Act of 1868.t The Oaths Commission Report, p. 2, contains a declaration enjoined to be made by privy councillors, under the Act 9 Geo. IV. c. 17, sec. 2, to maintain the rights of the Protestant Established Church in England. The taking of this declaration was constructively abolished by the Act 29 Vict. c. 22. But it has still been imposed, and the commissioners recommend that it should be dispensed with. See Stubbs, Const. Hist. v. 2, p. 560. Near relations of the sovereign are usually admitted to a seat in the Privy Council without being sworn. -Haydn, Book of Dignities, pp. 120, 129, 137, 145. Ib. t Com. Pap. 1867, v. 31, p. 84. 1876, v. 61. 275. 31 & 32 Vict. c. 72. The obligation of keeping the king's counsel inviolably secret is one that rests upon all cabinet ministers and other responsible advisers of the crown, by virtue of the oath which they take when they are made members of the Privy Council." As has been already observed, this secresy is not a mere personal privilege or protection, either to the sovereign or to the minister, that may be waived by mutual consent; but is based upon constitutional prinple and state policy, it being of the first importance that there should be entire freedom and immunity in the confidential intercourse between the crown and its immediate advisers, and that nothing which has passed in council should be afterwards disclosed so long as public injury might ensue from differences of opinion being known." Moreover, nothing that has passed between the Sovereign and his ministers, in their confidential relations with each other, may be disclosed to any other person, or to either House of Parliament, without the express permission of the sovereign." This rule also applies to conversations between the sovereign and any peer of the realm who has been admitted to an audience for the purpose of conferring upon political affairs. The king, as governor of the Established Church in England, is at liberty to communicate confidentially with the archbishops or bishops, on any public matter.y And this permission would only be accorded for purposes of state, as to enable a minister to explain and justify to Parliament his political conduct It would not be granted for the purpose of enabling Parliament to scrutinise the motives of a political act which was not itself impeachable on public grounds. "See ante, vol. 1, pp. 116,497; also proceedings on Mr. Lowe's speech at Retford, Hans. D. v. 228, p. 2023; and v. 229, p. 52; and in the case of Ld. Derby, Ib. v. 241, pp. 1792-1816. Ante, vol. 1, p. 497. Mir. of Parl. 1831 2, p. 2134. * Well. Desp. Supp. v. 3. p. 655. y Mir. of Parl. 1833, p. 3138. |